After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its franchise disclosure document electronically and by prepaid courier.
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Most franchise agreements include a non-competition covenant preventing a franchisee from competing with the franchisor during the term, and in many cases after the term of the agreement.
One of the recent concerns for both franchisors and franchisees in the US has been the uncertainty created by regulatory efforts to have franchisors held liable as a “joint employer” of the employees of their franchisees. Most prominent of these efforts has been the National Labor Relations Board’s (“NLRB”) actions asserting that McDonald’s is a joint employer of its franchisees’ employees.
The answer is that it depends. The Ontario Superior Court of Justice considered the matter in 2313103 Ontario Inc. et al v JM Food Services Ltd. et al. in the context of whether the shareholders of the corporate franchisee can invoke the statutory rights afforded to franchisees under the Arthur Wishart Act (Franchise Disclosure), 2000 (Ontario) (“Act”).
The Quebec Court of Appeal’s April 15, 2015 decision is now the last word in a landmark case brought by 21 Dunkin’ Donuts Quebec franchisees against their franchisor, Dunkin’ Brands Canada Ltd. On March 17, 2016, the Supreme Court of Canada dismissed, without reasons, the franchisor’s application for leave to appeal the Quebec Court of Appeal decision.
In Ontario, statutory employment standards are established by the Employment Standards Act, 2000 (ESA) and enforced by the Ministry of Labour (Ministry) through its Employment Standards Program.
Ontario restaurants, bars and other businesses with employees who receive some of their pay through tips and gratuities will face new laws governing how these tips are collected and distributed to employees beginning this summer.
The Ontario Retirement Pension Plan (the ORPP), will be a provincially-managed plan that, like the Canada Pension Plan, will be funded by equal co-contributions from both employers and employees.
The Canadian Franchise Association (CFA) has proposed changes to modernize Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 (Act) by allowing a franchise disclosure document (FDD) to be delivered electronically.
We previously reported that on October 5, 2015, the Government of British Columbia (BC Government) introduced Bill 38 – 2015, Franchises Act (Franchises Act) that would make it the sixth province in Canada to regulate franchising along with the provinces of Alberta, Ontario, Manitoba, New Brunswick and Prince Edward Island.